BERGHOFF v. DAVEY TREE EXPERT CO., INC.

No. 91475.

2009 Ohio 610

Daniel Berghoff, Admr., Etc., Plaintiffs-Appellants, v. Davey Tree Expert Co., Inc., et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: February 12, 2009.


Attorney(s) appearing for the Case

Kathleen J. St. John, Jeffrey A. Leikin, Nurenberg, Paris, Heller & McCarthy, 1370 Ontario Street, Suite 100, Cleveland, Ohio 44113-1708, Attorneys for Appellant Daniel Berghoff.

Elizabeth B. Wright, Stacey A. Greenwell, John R. Mitchell, Thompson Hine LLP, 3900 Key Center, 127 Public Square, Cleveland, Ohio 44114-1291, Attorneys for Appellee Davey Tree Expert Co., Inc.

Before: Cooney, A.J., Gallagher, J., and Boyle, J.


JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, A.J.

{¶ 1} Plaintiff-appellant, Daniel Berghoff, Administrator of the Estate of Ronald Clark, appeals from the judgment of the common pleas court granting the motion for summary judgment of defendant-appellee, Davey Tree Expert Co., Inc. Finding no merit to the appeal, we affirm.

{¶ 2} The decedent, Ronald Clark ("Clark"), was employed by Davey Tree. On October 11...

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